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Procurement Center Representative:

An Advocate, A ResourceAn Advocate, A Resource

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What PCRs Do Coordinate with

contracting activities Review acquisitions

Recommend Set-asides

Review Bundling Cases Review Solicitations Support 8(a) Business

Development

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Basis for SBA Programs

• Small Business Act– Implements Congressional Policy to aid,

counsel, assist & protect the interests of small business concerns

– Goal of policy is to ensure that a fair proportion of purchases, contracts & subcontracts be placed with small businesses

http://www.sba.gov/library/lawroom.html

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Small Business Contract Assistance Programs

• Prime Contract Assistance– Small business set-aside program– Procurement Preference Goaling– Size Determination Program– Waivers to the Non-Manufacturer Rule– Natural Resources Program– Certificate of Competency (COC)

• Subcontracting Assistance

http://www.sba.gov/GC/

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PCRs• Help ensure a fair portion of purchases

go to Small Businesses of all types– represent SBA at major buying activities– review proposed acquisitions, including bundled

procurements– recommend requirements to be set aside for

HUBZone, 8(a) & SB firms– advise agencies & SBs on SBA programs– initiate secretarial appeals

FAR Part 19.402

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Procurement Programs

• Small business

• Small disadvantaged business (SDB)

• Women-owned small business (WOSB)

• HUBZone small business

• Veteran-owned small business (VOSB)

• Service-disabled VOSB (SDVOSB)

FAR Part 19, Public Laws, Code of Federal Regulations

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PCRs and Appeals• An appeal is a 3 step appellant process:

– PCR issues a Form 70, “SBA Recommendation” to contracting officer (CO)

– If CO denies, writes a letter of appeal to the Head of the Contracting Activity (HCA)

– If HCA denies, PCR forwards to SBA HQ – SBA Administrator appeals to the Agency

Secretary or Administrator

FAR Part 19.505

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What PCRs Do Perform Market

Research Provide Training Perform Surveillance

Reviews Interface with Others Perform Outreach

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What PCRs Do

Attend Training Events Promote SBA Programs Mediate SB Issues Monitor Public Notices Counsel small & ‘other

than small’ businesses, Federal Agencies

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What PCRs See

Small Business Review Form

Government Estimate Sole Source

Justifications (J&A) Statement of Work Acquisition Plan Market Survey

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What PCRs See

Procurement Request

Purchase History Synopses Source Selection

Criteria A-76 Information

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What PCRs See

Sensitive Information Set-aside appeals Certificate of

Competency Request Subcontracting Plans Bid Abstracts

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What PCRs Track

Buys Reviewed Counseling Records Subcontracting Plans

Reviewed SBA Form 70s Set-Aside Appeals 8(a) recommendations Monthly Reports

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What PCRs Retain

Monthly Report Data Bundling Alerts Non-Set-aside

Reports First-time 8(a) Awards Training and

Outreach Reports

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What PCRs Protect

Procurement Sensitive Proprietary Information Source Selection Information Prices Subcontracting Plans Classified drawings For Official Use Only - “FOUO”

Handling Congressional Inquiries

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What PCRs Share

General Information“In the Public Domain”

Forecasts FedBizOpps Synopses Solicitations

Encourage Freedom of Information Act Requests

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What PCRs Report

Monthly report * Set-asides 8(a) awards HUBZone awards SDVOSB awards WOSB awards Full & open awards

Annual statistics Success Stories Plan of Operation Non-set-asides Improper bundling Breakout successes

* Reports include both PCR-initiated actions and activity-initiated actions.

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What Other Programs Do PCRs Promote?

• Provide information on resources offered by government contracting: COC, Size Determination, Size Standards, CCR Small Business Dynamic Search, and CMR subcontracting activities.

• Provide directions and contacts regarding district programs: Loans, Surety Bond Guarantee, and Economic Development

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Size Determinations IAW 13 CFR 121

Firm must:• Meet size standard

for NAICS code specified in solicitation

• Self-certify size status

• Be small at time of self-certification

If Questioned, Protest must be:

• Specific to a buy• Received in a timely

manner• Forwarded to Area

Director for formal determination.

Size Determination Specialists are located at SBA Area Offices

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Certificates of Competency

When determined to be non-responsible, a small business is entitled to an independent review by the SBA.

Written referrals must be sent to theSBA Area Office responsible for

the geographic location of the small business.www.sba.gov/GC/

Capacity, Credit, Capability, Competency, Integrity, Perseverance & Tenacity,

Limitations on Subcontracting.

SBA’s Role in Subcontracting SBA’s Role in Subcontracting Types of ReviewsTypes of Reviews

Pre-Award Subcontracting Plan Reviews

SBA’s PCRs review subcontracting plans prior to contract award (advisory)

Post-Award Compliance Reviews

SBA’s CMRs monitor goal achievement after contract award

SubcontractingAssistance

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Statutory Subcontracting GoalsStatutory Subcontracting Goals Small Business Act: Section 15(g)Small Business Act: Section 15(g)

Small Business (SB) - negotiable Small Disadvantaged Business (SDB) - 5% Women-Owned Small Business (WOSB) - 5% HUBZone Small Business - 3% Veteran-Owned Small Business - negotiable Service-Disabled Veteran-Owned SB - 3%

SubcontractingAssistance

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Determining the Need for a Determining the Need for a Subcontracting PlanSubcontracting Plan

Dollar Threshold: contract or contract mod is expected to exceed

$550,000 ($1,000,000 for construction)Note: $500,000 was just bumped to $550,000

Subcontracting possibilities: contract appears to offer subcontracting

possibilities

SubcontractingAssistance

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Determining the Need for a PlanDetermining the Need for a Plan

Subcontracting plans are not required: From small business concerns For personal services contracts For contracts or mods that will be performed

entirely outside of the U.S. For contracts that do not contain 52.219-8 (e.g.,

contracts awarded prior to PL 95-507)

SubcontractingAssistance

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Elements of a Subcontracting PlanElements of a Subcontracting Plan A subcontracting plan must contain goals

expressed in both dollars and percentages. Other required elements are set forth in the

FAR at subpart 19.704 and in the clause at 52.219-9.

SBA provides a Fact Sheet on Subcontracting that explains goals, flow-down, and reporting requirements.

SubcontractingAssistance

What SBA Can and Cannot DoWhat SBA Can and Cannot Do

SBA Can: Conduct compliance reviews and SOARS

(Subcontracting Orientation and Assistance Reviews)

SBA Cannot: Prescribe the amount of subcontracting Require the prime contractor to use a particular small

business

SubcontractingAssistance

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PCRs are Unique! Small Business

Advocate Adversarial

Relationships Small Business

Specialist Support Special Authority Insider-Outsider

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Your SBA PCR:

An Advocate for all types

of small businesses.

A resource for

information and advice.